Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7048)

HOLDEN PEEL PROJECTS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 26 JUNE 2013

Application for approval of the Holden Peel Projects Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Holden Peel Projects Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The CFMEU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 3 July 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for approval of the Holden Peel Projects Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, Holden Peel Projects Pty Ltd, sought the court's approval of the enterprise agreement, which outlined the terms and conditions of employment for employees within the construction industry. The respondent, the Construction, Forestry, Mining and Energy Union, represented the employees and contested the application on various grounds.

The primary legal issue the court had to address was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The court considered factors such as whether the agreement was made in good faith, whether it contained the essential minimum terms, and if it was free from prohibited content. Additionally, the court examined the process through which the agreement was made and whether it involved genuine bargaining between the parties.

In reaching its decision, the court found that the enterprise agreement met the necessary requirements under the Fair Work Act. The court held that the agreement was made in good faith and contained the essential minimum terms, including provisions on wages, hours of work, and other employment conditions. Furthermore, the court was satisfied that the agreement was free from prohibited content and did not contravene any provisions of the Act. The court also noted that the process through which the agreement was made involved genuine bargaining between the parties, with both sides participating in negotiations and reaching a consensus on the terms of the agreement. As a result, the court approved the Holden Peel Projects Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

In light of the court's approval, the final orders included the endorsement of the enterprise agreement as a registered agreement under the Fair Work Act. This meant that the agreement would be legally binding on both parties and enforceable in the workplace. Additionally, the court directed that the agreement be registered with the Fair Work Commission, which would be responsible for overseeing its implementation and any disputes that may arise in the future.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established